McCracken Circuit Judge Tim Kaltenbach ruled Monday to uphold the indictment against Jeffery Conrad, who is accused of murder in the June 8 shooting death of Garlon Casey Cox, 30, at a Reidland storage facility.

Arguing he shot Cox to protect himself and a female friend, Conrad and public defender Doug Moore moved to dismiss the indictment on Aug. 14.

Conrad, who is acting as co-counsel in his defense, stated in a brief, "he has a basic human right to protect himself and those around him from any perceived threat of serious injury or death" and that he acted "responsibly and in good conscience."

In a separate brief filed by his attorney, Moore reinforces Conrad's statement and argues the prosecution has no evidence to dispute his client's claims.

"As there is nothing in the record to refute Conrad's claim that he was acting in defense of another, this court should find that Conrad's actions were justified and that he is therefore immune from prosecution," Moore wrote.

In response, Commonwealth Attorney Dan Boaz filed his own brief arguing to uphold the indictment, stating "Jeffrey F. Conrad unlawfully killed Garlon Casey Cox," and a grand jury indicted him based on the evidence presented.

Boaz then recounted the evidence, which included transcripts of the 911 call, Conrad's statements to a local TV news station as well as his statement to sheriff's Detective Matt Carter, and the witness statement given by Conrad's friend.

Conrad's story changed from one statement to the next, Boaz argues, first saying Cox was armed, then invoking self-defense and finally claiming he shot Cox to protect his friend.

Additionally, Boaz said, the eyewitness "contradicts Conrad's claims that it was reasonable to kill Cox in order to protect her â ¦ She stated she was not in fear that Cox was going to hit her with the vehicle."

In his ruling denying Conrad's motion, Kaltenbach said the evidence does not support Conrad's claims.

"Considering the investigative reports and witness statements submitted by the Commonwealth and Conrad, there is probable cause that Conrad's use of deadly force to kill Cox was unlawful," he wrote.

Kaltenbach also said there is no evidence indicating Conrad or his friend was in danger.

"When interviewed (the witness) denied that Cox's pickup truck placed her in danger," the judge wrote. "(She) described it as backing (up) at a slow speed, at a distance of 10 to 15 seconds away, and not directly toward her."

The evidence presented could, however, imply Conrad shot Cox to prevent him from fleeing with Conrad's possessions, Kaltenbach added.

"There is probable cause to conclude that Conrad used deadly force to stop Cox from driving away from Conrad's storage unit with the property Cox and York had stolen, and not for self-protection or the protection of another," Kaltenbach wrote. "The use of deadly force is not authorized by Kentucky law to recover property taken from a storage unit or to apprehend the person who stole it."

Conrad is next scheduled to appear in court for a pretrial conference on Dec. 4.